ENVIRONMENTAL CERTIFICATION. By acceptance of this Agreement, Seller represents, warrants, and certifies to Buyer that Seller has no knowledge of any violation, and has received no notice of any violation of any applicable Environmental Laws (below defined). To the best of Seller's knowledge, Seller has not, nor has any other person, used, generated, stored, dumped, released, buried, dispersed or emitted any Hazardous Substance on the Property nor are there any transformers or underground tanks on the Property, nor is there a violation of any Environmental Laws with respect to the current use of the Property. "Environmental Laws" shall mean all federal, state and local environmental, health, chemical use, safety and sanitation laws, statutes, ordinances and codes relating to the protection of the environment and/or governing the use, storage, treatment, generation, transportation, processing, handling, production or disposal of any Hazardous Substance and the rules, regulations, and orders with respect thereto. "Hazardous Substance" means, without limitation, any flammable, explosive or radioactive material, polychlorinated biphenyl, petroleum or petroleum product, methane, hazardous materials, hazardous wastes, hazardous or toxic substances or related materials, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. Appendix Sections 1801, et seq.), the Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 6901, et seq.), the Toxic Substances Control Act, as amended (15 U.S.C. Sections 2601, et seq.), Articles 15 and 27 of the New York State Environmental Conservation Law or any other Environmental Law and the regulations promulgated thereunder applicable on the effective date of this Agreement. From the date of acceptance hereof to and including the date of Closing, Seller shall immediately provide Buyer with a copy of any notice, citation, complaint or other directive from any person, entity or governmental authority whereby Seller's compliance with Environmental Laws is called into question, and immediately notify Buyer of any new information or other developments which could tend to supplement or modify the information contained herein.
ENVIRONMENTAL CERTIFICATION. The Operators and each Operator shall, through the Fuel Facility Manager, provide to the Port at the commencement of each Agreement Year other than the first: (i) a written statement, certified by the Fuel Facility Manager as true and complete that to the best of the knowledge of Fuel Facility Manager and each of the Operators, that the Operators have, and each Operator has, with respect to the Premises and the Operators’ occupation and use of the Premises, complied with (i) the Pollution Prevention Plan, the Spill Prevention and Countermeasure Control Plan, Order of Approval (i.e. air quality permit), the Fuel Facilities Operations Manual and applicable Environmental Laws during the preceding Agreement Year, and (ii) all directions and recommendations set forth in any previous Environmental Audit. If the Fuel Facility Manager is unable to provide such certification or documentation at such time, then the Operators and each Operator shall, through the Fuel Facility Manager, provide the Port with a written statement of the steps they are taking to enable them to provide the Port with a certification of compliance and all required documentation.
ENVIRONMENTAL CERTIFICATION. As soon as available, and in any event within thirty (30) days after the end of each fiscal year, the Company shall deliver to each Bank Party a certificate signed by the president or chief executive officer of the Company in the form attached hereto as Exhibit "E", setting forth certain matters regarding the environmental practices and policies of the Company, its Subsidiaries and the Partnerships. Further, upon request by Agent, and no more often than one time during each fiscal year, the Company and its Subsidiaries shall permit and cooperate with an environmental and safety review made in connection with the operations of the Company's and Subsidiaries' Oil and Gas Properties by consultants selected by Agent which review shall, if requested by Agent, be arranged and supervised by environmental legal counsel for Agent, all at the Company's cost and expense; provided such costs and expense shall be reasonable in relation to the services rendered; provided, further, that the Company shall be responsible, for any fiscal year, for only 50% of such costs and expenses of such consultant and legal counsel that exceed in the aggregate $25,000 for such fiscal year. The consultant shall render a verbal or written report, as specified by Agent, based upon such review at the Company's cost and expense, as so limited.
ENVIRONMENTAL CERTIFICATION. Landlord and Tenant shall each provide to the other the written certification of their respective general contractors, at the completion of such contractor’s work, including all work of the contractor’s subcontractors (“Contractor’s Work”) that to the extent applicable: In the construction of the Contractor’s Work, the Contractor (or any subcontractor thereof) did not place in the Building or on the Site any Hazardous Materials (as defined below) and did not use the Building or the Site for the manufacture, generation, storage or disposal of any hazardous Materials from or onto the Site or the Building except in accordance with applicable law; the Contractor (or any subcontractor thereof) has not received notice and has no reason to anticipate the receipt of notice of any pending or threatened action or proceeding (and the Contractor’s Work and/or the Site and/or the Contractor (or any subcontractor thereof) is/are not subject to any environmentally related consent order or other judicial order or mandate) arising out of the condition of the Contractor’s Work and/or the Site or any alleged violation of federal, state or local environmental, health or safety statute, ordinance or regulation, including, by way of example and not of limitation, the Comprehensive Environmental Response Compensation and Liability Act (“Superfund” or “CERCLA”), 42 U.S.C. 9601 et seq., the Superfund Amendments and Reauthorization Act of 1986 (“XXXX”), 42 U.S.C. 9601(20)(D), the Resource Conservation and Recovery Act (the “Solid Waste Disposal Act” or “RCRA”), 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended by the Clean Water Act of 1977 (“CWA”), 33 U.S.C. 1251 et seq., the Clean Air Act of 1966 (“CAA”), as amended, 42 U.S.C. 7401 et seq., the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), 7 U.S.C. 136 et seq., the ** Omitted pursuant to a confidential treatment request. The confidential portion has been filed separately with the SEC. Occupational Safety and Health Act (“OSHA”), 29 U.S.C. 651 et seq., the Safe Drinking Water Act (“SDWA”), 42 U.S.C. 399f et seq., the Toxic Substances Control Act (“TSCA”), 15 U.S.C. 2601 et seq., and any and all environmental laws, regulations and ordinances of the Commonwealth of Virginia, including without Limitation the ** (collectively, the “Environmental Laws”); the Contractor’s Work, the Site and the Contractor (or any subcontractor thereof) are in compliance with the Environmental Laws as the same re...
ENVIRONMENTAL CERTIFICATION. Debtor hereby represents and --------------------------- warrants and covenants and agrees that it is and shall remain in compliance, in all material respects, with all applicable laws and regulations (local, state and federal) regarding the use, disposal and storage of any hazardous waste and/or environmentally hazardous materials and/or toxic substances.
ENVIRONMENTAL CERTIFICATION. By acceptance of this Agreement, Seller represents, warrants, and certifies to Buyer that Seller has no knowledge of any violation, and has received no notice of any violation of any applicable Environmental Laws (below defined). To the best of Seller's knowledge, Seller has not, nor has any
ENVIRONMENTAL CERTIFICATION. The Administrative Agent shall have received, with a copy for each Lender, a certification from a Responsible Officer of the Borrowers with respect to the Borrowers' potential environmental liabilities in form and substance satisfactory to the Administrative Agent.
ENVIRONMENTAL CERTIFICATION. 7.1 Borrower certifies that the real property pledged as security for the herein described credit does not contain materials or substances that are regulated or prohibited by federal, state, or local laws, or that are known to pose a hazard to the environment or to human health, except as identified on the attached Schedule A.
ENVIRONMENTAL CERTIFICATION. As soon as available, and in any event --------------------------- within thirty (30) days after the end of each fiscal year, the Company shall deliver to each Bank Party a certificate signed by the president or chief executive officer of the Company in the form attached hereto as Exhibit "E", setting forth certain matters regarding the environmental practices and policies of the Company, its Subsidiaries and the Partnerships. Further, upon request by Co-Agent, and no more often than one time during each fiscal year, the Company and its Subsidiaries shall permit and cooperate with an environmental and safety review made in connection with the operations of the Company's and Subsidiaries' Oil and Gas Properties by consultants selected by Co-Agent which review shall, if requested by Co-Agent, be arranged and supervised by environmental legal counsel for Co-Agent, all at the Company's cost and expense; provided such costs and expense shall be reasonable in relation to the services rendered; provided, further, that the Company shall be responsible, for any fiscal year, for only 50% of such costs and expenses of such consultant and legal counsel that exceed in the aggregate $25,000 for such fiscal year. The consultant shall render a verbal or written report, as specified by Co-Agent, based upon such review at the Company's cost and expense, as so limited.
ENVIRONMENTAL CERTIFICATION. Contractor certifies that it has not committed a willful or knowing violation of the Environmental Protection Act (relating to Civil Penalties under the Environmental Protection Act) within the last five years, and is therefore not barred from being awarded a contract. If the State later determines that this certification was falsely made by the Contractor, the Contractor acknowledges that the State may declare the Contract void (30 ILCS 500/50-14).
